MALLU RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The application of Mallu Ram, petitioner, under section 18 of the Punjab Security of Land Tenures Act (10 of 1953) for purchase of certain land said to be included in his tenancy having for purchase of certain land said to be included in his tenancy having been dismissed by the Assistant Collector's order, dated September 7, 1961, and the petitioner's appeal there against having been dismissed by the Collector on December 20, 1961, his further revision petition was recommended by the Additional Commissioner's order, dated November 2, 1962, to the Financial Commissioner for acceptance and for setting aside the order dismissing petitioner's application and for remanding the case for redecision. On the date of hearing before the Financial Commissioner, i.e., on February 28, 1963, the learned Counsel for the petitioner could not put in appearance as some relative of his had died. This resulted in the dismissal of the petitioner's revision petition in default of appearance. On petitioner's application for restoration of his revision petition, the Financial Commissioner by his order, dated April 9, 1963, restored the same. At the final hearing of the revision petition after notice to the other side, a preliminary objection was raised on behalf of the contesting respondents to the effect that the order of the Financial Commissioner, dated April 9, 1963, was wholly without jurisdiction as the Financial Commissioner had no authority under any law to restore a revision petition which had once been dismissed in default of appearance. This objection prevailed with the Financial Commissioner who by his impugned order, dated November 12, 1963, held in this connection as follows :-